SUHAS SURESH WAKODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

(3.) This is a case, wherein the action of one police authority contradicts the action of another police authority. Crime No.718 of 2021 registered against the applicant on 23/7/2021 related to the offences punishable under Ss. 452, 504 read with 34 of the Indian Penal Code. But, in this crime, the petitioner was released by the concerned Magistrate on 29/07/2021. One day before release on bail in a crime registered at Police Station, Akola, another Police Station Ramdas Peth, Akola had recorded the confidential statements of witness- B, the date of recording was 28/07/2021 and in this statement, the confidential witness had stated that the petitioner had beaten him up and extorted amount of Rs.1,000.00 from him and also threatened him with the dire consequences, if he reported the matter to the police. He has also stated that because of the criminal activity of the petitioner, members of public are afraid of coming forward and making a statement against the petitioner before the police authorities. On the day on which bail was granted to the petitioner by the concerned Magistrate in Crime No.718 of 2021, another confidential statement of witness was recorded and he had also made a complaint that because of the criminal activity of the petitioner, no body was coming forward to make a police complaint against him. Both these statements recorded by police station Ramdaspeth, Akola go against the reasons given by the learned Magistrate while granting bail to the petitioner in Crime No.718 of 2021. The learned Magistrate has found that custody of the accused was not necessary and that the objection that if released on bail, the petitioner may commit similar offence in future was unjustified. There are other reasons also given by the learned Magistrate while releasing the petitioner on bail but, those reasons are not relevant for the purpose of this petition. The relevant reasons are already referred to by us.